Commonwealth v. Sondrini

The defendant appeals from his conviction of manufacturing, distributing, or dispensing a class D substance, marijuana, in violation of G. L. c. 94C, § 32C(a). The conviction will be reversed because the District Court judge erred in failing to suppress the material evidence that was obtained by means of an unlawful warrantless search.

We follow the judge’s findings of fact, adding a few unexceptional circumstances drawn from the hearing on the suppression motion. On the morning of June 23, 1995, the Keefes, tenants of the first-floor apartment at 77 Onota Street, Pittsfield, saw water leaking…